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The Electronic Frontier Foundation recaps two court cases pending in the U.S. which will decide whether you’re allowed to re-sell the things you purchase. The first case deals with items bought in other countries for resale in the U.S., such as textbooks. An unfavorable decision there would mean “anything that is made in a foreign country and contains copies of copyrighted material – from the textbooks at issue in the Kirtsaeng case to shampoo bottles with copyrighted labels – could be blocked from resale, lending, or gifting without the permission of the copyright owner. That would create a nightmare for consumers and businesses, upending used goods markets and undermining what it really means to ‘buy’ and ‘own’ physical goods. The ruling also creates a perverse incentive for U.S. businesses to move their manufacturing operations abroad. It is difficult for us to imagine this is the outcome Congress intended.” The second case is about whether music purchased on services like iTunes can be resold to other people. “Not only does big content deny that first sale doctrine applies to digital goods, but they are also trying to undermine the first sale rights we do have by forcing users to license items they would rather buy. The copyright industry wants you to “license” all your music, your movies, your games — and lose your rights to sell them or modify them as you see fit.”

l2718 writes “The Electronic Frontier Foundation announced today a large donation by Mark Cuban and Markus ‘Notch’ Persson to the EFF Patent Project. Notably, part of Cuban’s donation is for the creation of the ‘Mark Cuban Chair to Eliminate Stupid Patents’ (the first holder is current staff attorney Julie Samuels). Time will tell if the new title will help her advocacy work. Cuban said, ‘The current state of patents and patent litigation in this country is shameful,” said Cuban, owner of the Dallas Mavericks. “Silly patent lawsuits force prices to go up while competition and innovation suffer. That’s bad for consumers and bad for business. It’s time to fix our broken system, and EFF can help.’ Notch added, ‘New games and other technological tools come from improving on old things and making them better – an iterative process that the current patent environment could shut down entirely. ‘”

concealment writes “Coleman, an anthropologist who teaches at McGill University, spent three years studying the community that builds the Debian GNU/Linux open source operating system and hackers in the Bay Area. More recently, she’s been peeling away the onion that is the Anonymous movement, a group that hacks as a means of protest — and mischief. When she moved to San Francisco, she volunteered with the Electronic Frontier Foundation — she believed, correctly, that having an eff.org address would make people more willing to talk to her — and started making the scene. She talked free software over Chinese food at the Bay Area Linux User Group’s monthly meetings upstairs at San Francisco’s Four Seas Restaurant. She marched with geeks demanding the release of Adobe eBooks hacker Dmitry Sklyarov. She learned the culture inside-out.”

concealment sends this quote from MIT’s Technology Review: “AT&T screwed up in 2010, serving up the e-mail addresses of over 110,000 of its iPad 3G customers online for anyone to find. But Andrew Auernheimer, an online activist who pointed out AT&T’s blunder to Gawker Media, which went on to publicize the breach of private information, is the one in federal court this week. Groups like the Electronic Frontier Foundation worry that should that charge succeed it will become easy to criminalize many online activities, including work by well-intentioned activists looking for leaks of private information or other online security holes. [Auernheimer's] case hasn’t received much attention so far, but should he be found guilty this week it will likely become well known, fast.”

another random user sends this excerpt from the BBC: “U.S. net firm Verizon has declared war on illegal downloaders, or pirates, who use technologies such as BitTorrent to steal copyrighted material. Verizon has said it will first warn repeat offenders by email and voicemail. Then it will restrict or ‘throttle’ their internet connection speeds. Time Warner Cable, another U.S. internet service provider pledging to tackle piracy, says it will use pop-up warnings to deter repeat offenders. After that it will restrict subscribers’ web browsing activities by redirecting them to a landing page. The Electronic Frontier Foundation, which campaigns for digital freedom, is highly critical of the imminent campaign, saying: ‘Big media companies are launching a massive peer-to-peer surveillance scheme to snoop on subscribers.’ ISPs will be acting as ‘Hollywood’s private enforcement arm,’ it added.”

netbuzz writes “Forging ahead with an initiative that proved controversial when introduced last year, the Electronic Frontier Foundation and nine other groups today are advancing the Open Wireless Movement to encourage ubiquitous sharing of Internet access. ‘We envision a world where sharing one’s Internet connection is the norm,’ said EFF Activist Adi Kamdar, in a press release. ‘A world of open wireless would encourage privacy, promote innovation, and benefit the public good, giving us network access whenever we need it. And everyone — users, businesses, developers, and Internet service providers — can get involved to help make it happen.’”

sfcrazy writes “Ubuntu 12.10 met with some controversy before and after its launch about the inclusion of Amazon product listings alongside local search results. Now, the Electronic Frontier Foundation hasraised concerns around data leaks and Amazon Ads. The EFF has asked Canonical to update Ubuntu so it disables ‘Include online search results’ by default. ‘Users should be able to install Ubuntu and immediately start using it without having to worry about leaking search queries or sending potentially private information to third party companies. Since many users might find this feature useful, consider displaying a dialog the first time a user logs in that asks if they would like to opt-in.’”

xSander writes “The Electronic Frontier Foundation (EFF) will urge a federal judge in San Jose, CA to rule that Universal abused the DMCA to take down a video of a toddler dancing to a Prince song. The case in question, whose oral argument will be Tuesday, October 16, is Stephanie Lenz vs. Universal, a case that began back in 2007. Lenz shared a video on YouTube of her son dancing to ‘Let’s Go Crazy’ on a stereo in the background. After Universal took the video down, Lenz filed a suit with help of the EFF to hold Universal accountable for taking down her fair use. The court had already decided that content owners must consider fair use before sending copyright takedown notices.”

another random user sends word of a case in Pennsylvania District Court in which Judge Michael Baylson has ordered a trial to resolve the issue of whether an IP address can identify a particular person. The plaintiff, Malibu Media, has filed 349 lawsuits against groups of alleged infringers, arguing that getting subscriber information from an ISP based on an IP address that participated in file-sharing was suitable for identification purposes. A motion filed by the defendants in this case explains “how computer-based technology would allow non-subscribers to access a particular IP address,” leading Judge Baylson to rule that a trial is “necessary to find the truth.” “The Bellwether trial will be the first time that actual evidence against alleged BitTorrent infringers is tested in court. This is relevant because the main piece of evidence the copyright holders have is an IP-address, which by itself doesn’t identify a person but merely a connection. … Considering what’s at stake, it would be no surprise if parties such as the Electronic Frontier Foundation (EFF) are willing to join in. They are known to get involved in crucial copyright troll cases, siding with the defendants. We asked the group for a comment, but have yet to receive a response. On the other side, Malibu Media may get help from other copyright holders who are engaged in mass-BitTorrent lawsuits. A ruling against the copyright holder may severely obstruct the thus far lucrative settlement business model, meaning that millions of dollars are at stake for these companies. Without a doubt, the trial is expected to set an important precedent for the future of mass-BitTorrent lawsuits in the U.S. One to watch for sure.”

Hugh Pickens writes “BBC reports that Google officials have rejected the notion of removing a video that depicts the prophet as a fraud and philanderer and has been blamed for sparking violence at U.S. embassies in Cairo and Benghazi. Google says the video does not violate YouTube’s policies, but they did restrict viewers in Egypt and Libya from loading it due to the special circumstances in the country. Google’s response to the crisis highlighted the struggle faced by the company, and others like it, to balance free speech with legal and ethical concerns in an age when social media can impact world events. ‘This video – which is widely available on the Web – is clearly within our guidelines and so will stay on YouTube,’ Google said in a statement. ‘However, given the very difficult situation in Libya and Egypt, we have temporarily restricted access in both countries.’ Underscoring Google’s quandary, some digital free expression groups have criticized YouTube for censoring the video. Eva Galperin of the Electronic Frontier Foundation says given Google’ s strong track record of protecting free speech, she was surprised the company gave in to pressure to selectively block the video. ‘It is extremely unusual for YouTube to block a video in any country without it being a violation of their terms of service or in response to a valid legal complaint,’ says Galperin. ‘I’m not sure they did the right thing.’”